Mens Rea

Question 1

What are the 3 different levels of mens rea?

Answer 1

Intention
Subjective Recklessness
Negligence

Question 2

What are the two types of intention (and their cases)?

Answer 2

Direct intention
The resulting injury is clearly D’s aim or purpose, seen in Mohan

Oblique intention
If the Defendant saw the resulting consequence as a virtual certainty, as seen in R v Woollin (threw baby, didn’t mean to kill it but knew it would probably die)

Question 3

What is subjective recklessness (and the case)?

Answer 3

Lower level of mens rea than intention, described as taking an unjustified risk. The test was established in cunningham 1975.

Question 4

What is negligence (and the case)?

Answer 4

Lowest level of mens rea. “Was the conduct of D so bad in all circumstances it amounts to a criminal act/omission?”
As seen in case of Adomako (disconnected oxygen pipe)